document sent by the Hungarian authorities

Council of the
European Union
Brussels, 10 March 2016
(OR. en)
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DAPIX 33
ENFOPOL 65
CRIMORG 15
ENFOCUSTOM 36
AVIATION 45
NOTE
From:
To:
Hungarian delegation
Working Party on Information Exchange and Data Protection (DAPIX)
Subject:
Passenger Name Record Data Exchange Pilot (PNRDEP) for Passenger
Information Units
- Proposal for the 5th IMS action list
1.
Introduction
The Council Conclusions on a renewed Information Management Strategy (IMS) for EU internal
security (15701/1/14 JAI 897 DAPIX 175 CRIMORG 109 ENFOPOL 372 ) set out that steps
should be taken to develop and, where necessary, update a detailed action list in order to fulfil the
overall aims and objectives of the strategy.
The current note is intended to serve as the reference document regarding the key aspects of the
PNRDEP (Passenger Name Record Data Exchange Pilot) project, including the objectives, the
scope, the main actors, the activities, the timelines and the deliverables in order to give a detailed
overview for the delegations about this IMS action proposed by Hungary.
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Context
During 2014, fourteen MSs (BG, FI, FR, EE, AT, LV, SE, NL, RO, PT, ES, SI, LT and HU) have
started, financed by the Commission (ISEC funding), to develop a national passenger name record
(PNR) system and to implement its corresponding national Passenger Information Unit (PIU).
On 4 December 2015 the Council approved a compromise text 1 agreed with the European
Parliament on the proposal for a directive on the use of PNR data for the prevention, detection,
investigation and prosecution of terrorist offences and serious crime.
According to the directive, the exchange of PNR data is a significant issue and contains provisions
regarding the exchange of such data between the Member States and between Member States and
third countries.
In view of the above, it is very important not to build several isolated “PNR islands” but to
implement PNR systems which are able to communicate with each other.
In November 2014, the European Commission launched a call for proposal in the framework of the
Internal Security Fund Police aiming at funding projects on the topic of law enforcement
information exchange. In January 2015, the project partners submitted a project proposal aspiring to
create the possibility of PNR data sharing between PIUs by making use of existing law enforcement
data exchange channels.
Following the positive evaluation of the proposal in July 2015, the European Commission and the
Ministry of Interior of Hungary – as the coordinator of the project – signed the grant agreement in
October 2015.
The official start day of the project was 1 January 2016. The project aims at the participation of all
Member States. Invitations to the open meetings will be circulated in due time.
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14670/1/15 REV 1 GENVAL 63 AVIATION 145 DATAPROTECT 218 ENFOPOL 372
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2.
Objectives
The ultimate goal of this project is to provide possible solutions for the technical implementation of
passenger name record (PNR) data exchange between the Passenger Information Units (PIU).
The project is based on the leading principles for interoperability and data exchange between
Member States’ PIUs agreed upon by the participating Members States at the UK Conference on
Passenger Data – 3 October 2014:
•
data exchange should be on a case-by-case basis (i.e. not bulk);
•
start small and exclude nothing for the future: short term, pragmatic solutions should be
identified;
•
use the existing legal frameworks to facilitate data exchange in the short-term, such as
those which allow information exchange between law enforcement agencies;
•
a secure network is required: for example, the encryption of electronic messages.
Proven, secure infrastructures should be used to keep it simple;
•
a human element is always required: authorisation of the requestor and the
proportionality of enquiries should be validated by human beings; and
•
the responding PIU is responsible for replying to an enquiry.
The main goals of the project are:
•
to explore the feasibility of using existing law enforcement data exchange channels –
especially SIRENE, SIENA and FIU.net – for PNR data exchange between PIUs;
•
to conduct a comparative study in the first part of the project which will incorporate an
integrated legal analysis on the national legislations governing the functioning of
national PNR systems as well as the examination of the infrastructure and technical
solution of existing law enforcement data exchange channels possibly used for PNR
data exchange;
•
to test the most appropriate channel(s).
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3.
Activities
The project is divided into several work packages in which one or more beneficiaries take active
role.
Organisation of the kick-off meeting: The purpose of the two-day kick off conference of
11-12 February 2016 in Madrid was, on the one hand, to review the present situation of PIUs of
different Member States with respect to the exchange of PNR data and of analytical information
obtained from PNR, and, on the other hand, to present the objectives of the work packages 2, 3, 4
and 5. The kick off conference provided an opportunity for exchanging views and discussing
problems, questions and conclusions.
Comparative study: Planned activities: 1. perform integrated legal analysis, 2. national PNR
realisation reference database development, 3. development of data exchange model, 4.
development of a comparative study report.
Organizing the first expert meeting: The seminar will contain the following panels:
•
1st panel – Legal and data protection issues;
•
2nd panel – Summarizing the results of the first findings of the comparison of FIU.net,
SIENA, SIRENE infrastructure/technical solution for PNR data exchange;
•
3rd panel – Requirements for the national PIU systems and communication issues;
•
4th panel – Business processes for the data exchange.
Organising the second expert meeting: The key activity of this WP is to achieve agreement
between the MS implementing PNR solutions on common rules and interoperability principles
applied to the PIU information exchange. The key areas for the discussion and agreements will
include:
•
definition of the common goal and purpose of the PIU network;
•
standards used for the interoperability tasks;
•
standard infrastructure requirements and agreement on the pilot infrastructure;
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•
legal provisions and processes applied for the data exchange and cooperation;
•
agreement on the liabilities of MS law enforcement authorities participating in the PIU
network; and
•
common interoperability solution, correlation and differences in the data protection
national legal regulations.
At the same time, the second expert meeting will be used as a networking platform to exchange
opinions, knowledge, lessons learned from different MSs implementing (or already having
implemented) PNR systems.
Testing of the system: Within this work package the co-beneficiaries will take part in three expert
meetings in order to test the system and assure its functioning. Specialized expertise will be assured
within the meetings but also throughout all the testing phase of the system using the e-mail
addresses provided during the first expert meeting. The testing phase will be coordinated by the
Romanian authorities.
Organisation of the closing conference: The objective of this work package is to organize a twoday closing conference where the beneficiaries will have the opportunity the evaluate the results of
the project, exchange views on the lessons learned during the project implementation as well as to
discuss the future direction of cooperation between PIUs.
4.
Main actors
Project leader: Ministry of Interior of Hungary
Project partners:
•
State Agency for National Security of Bulgaria
•
Mykolo Romerio Universitetas of Lithuania
•
Polícia Judiciára of Portugal
•
General Inspectorate of Border Police of Romania
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•
Secretary of Security of Spain
•
Europol (associate partner)
The project aims at the participation of all Member States. Therefore, invitations to the open
meetings will be circulated in due time.
5.
Target groups
Direct and short term beneficiaries: the coordinator and co-beneficiaries participating in this
project.
Medium term beneficiaries: other MSs possessing PIU and which might join later the PNR data
exchange system to be developed in this project.
Long term beneficiaries: all MSs, EU agencies.
6.
Timing and scheduling
Duration: 01 January 2016 – 30 June 2017 (18 months).
Schedule:
•
The project officially started at 11-12 February 2016 with the kick-off conference
organised by the Secretary of Security of Spain in Madrid.
•
While carrying out the study between February and October 2016 two expert
meetings will be held, one in Lithuania and one in Bulgaria.
•
During the six-month testing period (from December 2016) three expert meetings in
Romania will provide the opportunity to discuss the state-of-play of the testing.
•
The outcomes of the project will be presented at the closing conference planned to be
held in Budapest in June 2017.
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7.
Costs
The project will be implemented with the financial support of the Commission (ISF Union Action).
The total budget is: € 1.281.465,20; EU grant: € 1.153.318,68 (90% of the total budget).
8.
Deliverables
The expected result of the project is the setting-up of a solution for PNR data exchange between
MSs’ PIUs which would increase the use of PNR data for law enforcement purposes at European
level and at the same time would provide effective and adequate safeguards for protection of
personal data.
Expected outcomes:
•
inception report, containing the conclusions of the kick-off conference,
•
integrated analysis and comparative study report,
•
report on the results of the expert meetings,
•
experts meeting outcomes package,
•
document compiling the best practices regarding the possible technical solution and
interconnectivity of PIUs, and
•
9.
a final report.
Contact details of the Project Management (Hungary)
Mr Zsolt SZOLNOKI senior counsellor, project manager, E-mail: [email protected];
Phone: + 36 1 4411252
Ms Zsuzsa PETHŐ project assistant, E-mail: [email protected]; Phone: +36 1 4411188
Functional e-mail address: [email protected]
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